Comparative and Foreign Law Commons^™

The Development Of Family-Law In The Federal Republic Of Germany During The Last Decades, Facts, And Opinions, Hans Leo Meyers Dec 1971

Masalah Sumpah Jabatan, Rahasia Jabatan, Dan Hak Ingkar (Verschonings-Recht) Notaris, G.H.S. Lumban Tobing Dec 1971

Surve Kesadaran Hukum, Soerjono Soekanto Dec 1971

Peradilan Agama Di Indonesia Di Masa Jang Akan Datang, Muhammad Tahir Azhari Dec 1971

Mahasiswa Hukum Dan Lembaga-Lembaga Negara, Harun Al Rasjid Aug 1971

Urutan Turun Surah-Surah Al-Qur-An, Sajuti Thalib Aug 1971

Statistik Kedjahatan Di Indonesia, Mardjono Reksodiputro Aug 1971

Dapatkah Azas Musjawarah Bertahan Dalam Sistem Pemerintahan Menurut Uud 1945, Harmaily Ibrahim Apr 1971

Masalah Pembagian Kursi Dewan Perwakilan Rakjat, Harun Alrasjid Apr 1971

Seminar Hukum Jang Berhubungan Dengan Perkembangan Ekonomi, Charles Himawan Apr 1971

Islam Dan Modernisasi, Osman Raliby Apr 1971

De Werkzaamheden Van De Haagse Conferentie Van Internationaalprivaatrecht, Prof. Mr. L.I. De Winter Apr 1971

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers Jan 1971

Judicial Review In Italy And West Germany, Donald P. Kommers Jan 1971

Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss Dec 1970

The Right To One's Own Likeness In French Law, Wencelas J. Wagner Oct 1970

The Right To One's Own Likeness In French Law, Wencelas J. Wagner

Indiana Law Journal

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Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

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Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs Jan 1970

Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs

Articles by Maurer Faculty

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Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar Jan 1970

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

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No abstract provided.

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Voting Rights Of Americans Abroad, Kenneth M. Davidson Apr 1969

Voting Rights Of Americans Abroad, Kenneth M. Davidson

Buffalo Law Review

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No abstract provided.

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Book Review. Law In India, Ralph F. Fuchs Jan 1969

Book Review. Law In India, Ralph F. Fuchs

Articles by Maurer Faculty

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No abstract provided.

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Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson Jun 1968

Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson

Washington Law Review

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The articles in this symposium are concerned with several major problems encountered en route from the promulgation to present social realization of the new style of Japanese constitutionalism. We have taken this opportunity to reflect after twenty years upon the problems of structure, political milieu, and continuity with the past. To some, continuity with the Meiji Constitution (1889-1947) might seem farfetched until we remember that it had several characteristics in common with the new Constitution: both followed foreign models (German and Anglo-American); both were far in advance of the social realities which they sought to transform; both were thus a …

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The Japanese Constitutional Style, John M. Maki Jun 1968

The Japanese Constitutional Style, John M. Maki

Washington Law Review

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This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …

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Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi Jun 1968

Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi

Washington Law Review

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On June 11, 1956, the Commission on the Constitution was created. Its duties, as laid down by the enacting statute, were "to examine the Constitution of Japan, to investigate and deliberate on problems related thereto, and to report the results to the Cabinet and through the Cabinet to the National Diet." When the work of the Commission on the Constitution was approaching an end in 1964, there was informal talk about attempting an English translation of at least the Final Report. For a variety of reasons, this idea failed to materialize. However, there have been at least two excellent articles …

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Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi Jun 1968

Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi

Washington Law Review

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Translator's Note: On July 19, 1963, at the 114th plenary session of the Commission on the Constitution, the late Professor Kenzo Takayanagi, its chairman, submitted a long opinion on constitutional problems. It was published as a 76-page appendix to the minutes of that session. The opinion was organized into nine sections: General Problems (an evaluation of the process of enactment, constitutional revision, constitutional interpretation, and the written style of the Constitution totalling 8 pages); The Emperor (7 pages); The Renunciation of War (9 pages); The Rule of Law (24 pages); The Parliamentary Cabinet System (19 pages); Finances (3 pages); Local …

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Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson Jun 1968

Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson

Washington Law Review

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The shift in 1947 from a political to a legal (or justiciable) constitution of Anglo-American design meant also a shift from professors to the courts as the authoritative expounders of the Constitution, though of course the leading critics and synthesizers are still the scholars. Soon followed, for the first time, a body of Supreme Court decisions which became the detailed sources of constitutional law, presaging adoption throughout the legal profession of a new juristic method in the public law field using scholarly theories where appropriate but rooted in case analysis. These changes in professional roles, sources and methods have caused …

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Twenty Years Of Revisionism, H. Fukui Jun 1968

Twenty Years Of Revisionism, H. Fukui

Washington Law Review

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It would seem most natural that the 1947 Constitution of Japan should have been the target of strong revisionist pressure in the years following its promulgation, considering its contents and the special circumstances of its making. However, looking back upon the developments in this revisionist movement, one is struck by the degree of ambivalence and confusion in the attitudes of both the proponents. and opponents of revision and by the apparent failure of the former to effect revision. It is my view that these two impressions are very intimately interrelated and that an understanding of this relationship is necessary if …

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Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota Jun 1968

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

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Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.

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Treaties And The Constitution, Isao Sato Jun 1968

Treaties And The Constitution, Isao Sato

Washington Law Review

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Problems of the validity of treaties in a constitutional order concern aspects of both international and constitutional law. The chief concern of this article, however, is the effect of the Japanese Supreme Court's power of judicial review upon the validity of treaties in domestic law. The relationship of treaties and the Constitution long has been a favorite theme of Japanese international law scholars. Under the new Constitution it has become an urgent and unavoidable issue for constitutional law scholars as well; the present constitution, unlike the Meiji Constitution, has provisions, (Articles 81 and 98), which bear directly upon the problem.

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Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa Jun 1968

Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa

Washington Law Review

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The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.

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